Employees covered by UAE Labour Law may be entitled to up to 90 days of sick leave per year after completing probation. Under Article 31 of Federal Decree-Law No. 33 of 2021, the first 15 days are paid in full, the next 30 days at half pay, and the remaining 45 days are unpaid.
Employees must notify their employer of their illness within three days and submit a medical report issued by a medical entity. Eligibility, medical documentation, and the number of sick leave days already taken can affect the employee’s entitlement.
This guide explains the sick leave policy in the UAE, including salary calculations, probation rules, medical certificates, notice periods, termination rights, and what employees can do when an employer refuses sick leave or makes disputed salary deductions.
The guidance primarily concerns private-sector employees covered by the federal UAE Labour Law. Different rules may apply to government employees, domestic workers, and employees governed by separate employment regimes, including the DIFC and ADGM.
Sick Leave Under UAE Labour Law: Rules and Eligibility
Article 31 of Federal Decree-Law No. 33 of 2021 regulates sick leave for employees covered by the UAE’s federal private-sector Labour Law. It establishes the conditions for taking sick leave, the applicable payment entitlements, and the circumstances in which sick leave may be unpaid.
An eligible employee who has completed probation may take up to 90 days of sick leave in a year, whether continuously or intermittently, subject to the legal requirements for notification and medical evidence.
Employees should understand the difference between the statutory entitlement and their employer’s internal sick leave policy. A company may offer more favourable benefits, but an internal policy cannot remove minimum rights established by applicable law.
Sick Leave During Probation in UAE
Employees are not entitled to statutory paid sick leave during probation under UAE Labour Law. However, an employer may grant unpaid sick leave during this period when the employee provides a medical report from an approved medical entity.
This means that an employee who becomes ill during probation should still notify the employer promptly, obtain medical evidence, and request approval for the absence.
An employer may offer more favourable contractual benefits, but the statutory paid sick leave entitlement generally begins after the probation period has been completed.
Continuous vs Intermittent Sick Leave
UAE sick leave may be taken continuously or intermittently, with both forms counting towards the same annual entitlement.
Continuous sick leave involves an uninterrupted period of medically supported absence. Intermittent sick leave involves separate absences at different times during the year.
For example, an employee who takes five sick leave days in January, four in March, and six in June has used 15 days of the annual entitlement.
Employees and employers should maintain accurate records of approved absences, medical certificates, and payments. These records help establish how much sick leave has been used and which payment tier applies to any subsequent absence.
How Many Sick Leave Days Are Allowed in the UAE?
Eligible employees can take a maximum of 90 days of statutory sick leave per year under Article 31 of UAE Labour Law. The entitlement consists of 15 days at full pay, 30 days at half pay, and 45 days without pay.
| Sick Leave Period | Salary Entitlement | Total Days Used |
|---|---|---|
| First 15 days | Full pay | 1–15 |
| Next 30 days | Half pay | 16–45 |
| Remaining 45 days | Unpaid | 46–90 |
| Beyond 90 days | No further entitlement under the statutory 90-day sick leave provision | More than 90 |
The 90-day allowance is not an entitlement to 90 fully paid days. The payment rate changes as the employee uses the available leave.
The law allows sick leave to be taken in one period or across several separate absences. Employees should therefore check their cumulative sick leave balance rather than treating each new illness as the beginning of a fresh 90-day entitlement.
The statutory allowance also depends on the employee’s eligibility and compliance with applicable medical documentation requirements.
Sick Leave Salary Calculation in UAE
Sick leave salary in the UAE is calculated according to the number of eligible sick leave days already used during the relevant year. The first 15 days receive full pay, days 16–45 receive half pay, and days 46–90 are unpaid.
The correct calculation requires the employer to identify the employee’s applicable wage, the number of qualifying sick leave days, and any earlier sick leave taken during the same year.
Full Pay, Half Pay and Unpaid Sick Leave
The payment structure applies progressively.
An employee who has already used 12 days of paid sick leave and then takes another 10 eligible days would receive full pay for the next three days and half pay for the remaining seven days.
Similarly, an employee who has already used 45 sick leave days has exhausted the full-pay and half-pay portions of the statutory entitlement.
Employers should explain how sick leave payments are reflected in payroll records, particularly where an absence crosses from one payment tier into another.
Example of Sick Leave Salary Calculation
Consider an employee earning AED 6,000 per month who takes 20 eligible sick leave days, having taken no earlier sick leave that year.
For this illustration, assume a daily wage of AED 200, calculated by dividing AED 6,000 by 30.
| Sick Leave Period | Calculation | Amount |
|---|---|---|
| First 15 days — full pay | 15 × AED 200 | AED 3,000 |
| Next 5 days — half pay | 5 × AED 100 | AED 500 |
| Total sick leave pay for 20 days | AED 3,500 |
This is an illustrative calculation of the sick leave payment attributable to those 20 days, not the employee’s complete monthly payslip.
Actual payroll treatment depends on the employee’s contractual wage arrangements, the relevant payroll period, and the applicable legal requirements. Employees should request a clear breakdown if the amount paid does not match their recorded leave entitlement.
How to Apply for Sick Leave in UAE
Employees should notify their employer within three days of becoming ill and provide a medical report issued by a medical entity. Following the employer’s documented reporting procedure can help prevent disputes about whether the absence was properly reported.
Step 1: Inform Your Employer
Notify your employer or HR department as soon as you become unable to work because of illness.
Article 31 requires notification within a maximum of three days. Employees should not assume that the deadline is three working days.
Use the employer’s recognised communication channel and retain evidence of the notification, such as an email or recorded HR request.
Where the expected duration of the absence is uncertain, explain the situation and provide an update when medical advice becomes available.
Step 2: Obtain a Medical Certificate
Visit an appropriately licensed healthcare provider and obtain medical documentation supporting the absence.
The certificate or medical report should identify the relevant period of leave and contain sufficient information for the employer or competent authority to verify it.
A consultation receipt or prescription should not automatically be treated as a substitute for a recognised sick leave certificate.
Step 3: Submit the Certificate to HR
Provide the certificate through the employer’s established submission process.
Keep a copy of the document and proof of submission. If the certificate requires official verification or attestation, confirm which authority’s procedure applies.
Employees should also ask HR to identify any specific documentary deficiency rather than relying on an unexplained rejection.
Step 4: Confirm the Leave Balance and Salary Treatment
After submitting the medical evidence, check that the employer has recorded the correct absence dates.
Review the remaining sick leave entitlement and the payment rate that should apply. If the leave crosses the 15-day or 45-day threshold, the payroll calculation should reflect the change.
Any discrepancy should be raised promptly and supported by the employee’s attendance records, medical documentation, and payslips.
Sick Leave Medical Certificate Requirements in UAE
A medical report is required to support statutory sick leave under Article 31 of UAE Labour Law. The document should be issued through an appropriate medical channel and meet any applicable verification or attestation requirements.
The process for issuing a certificate is different from the process for authenticating it. A healthcare provider issues the medical document, while a competent health authority may verify or attest it where required.
How to Get a Sick Leave Certificate in the UAE
Employees should seek medical assessment from a licensed healthcare provider and request a sick leave certificate where the medical assessment supports time away from work.
The provider may issue the document through an approved electronic system, depending on the emirate and healthcare facility.
The employee should check that the certificate contains the correct personal details and leave dates before submitting it to the employer.
For example, Dubai Health provides an official sick leave certificate service. The applicable service depends on the healthcare provider and the authority responsible for the document.
Employees should not assume that every clinic uses the same issuance system or that every medical attendance document qualifies as an approved sick leave certificate.
Sick Leave Certificate Attestation in the UAE
Sick leave certificate attestation confirms a medical document through the relevant health authority. The procedure depends on where the certificate was issued, which authority regulates the healthcare provider, and whether the certificate has already been authenticated.
The main official pathways include:
- MOHAP: The Ministry of Health and Prevention provides an Attestation of Medical Leaves and Reports service, subject to its published conditions.
- Dubai: Certificates may be processed through the applicable Dubai Health Authority or healthcare provider system.
- Abu Dhabi: Employees should follow the relevant Department of Health and TAMM sick leave attestation procedures.
MOHAP states that medical leave already attested by a competent authorised UAE health authority, including the relevant authorities in Abu Dhabi, Dubai, or Sharjah, does not require duplicate MOHAP attestation.
MOHAP also distinguishes between shorter medical leave periods and longer absences requiring additional medical committee review. Applicants should consult the current official service requirements rather than assume that the same process applies to every certificate.
Can You Take Sick Leave Without a Medical Certificate?
Employees should not assume they are entitled to statutory sick leave without medical evidence. Article 31 requires a medical report, and an employer may dispute an absence that is not properly supported.
Some employers may apply more favourable internal arrangements for short absences, but those arrangements should not be confused with a general statutory exemption from the medical reporting requirement.
If an employee becomes ill and cannot immediately obtain a certificate, the practical steps are to notify the employer within the required period, explain the circumstances, seek medical assessment as soon as possible, and retain evidence of the communication.
A disputed certificate or missing document should be addressed promptly, particularly where salary deductions or disciplinary action are being considered.
Can an Employer Reject a Medical Certificate?
An employer may question a medical certificate where there is a genuine concern about its authenticity, validity, or compliance with applicable requirements. However, a properly supported sick leave request should not be rejected arbitrarily.
If an employer refuses to accept a certificate, the employee should request the reason in writing.
Common issues may include incorrect dates, incomplete information, a document issued through an unrecognised channel, or a missing verification step.
Where the concern relates to attestation, the employee can check the appropriate official health authority procedure. If the employer continues to reject valid medical evidence or withholds salary without a lawful basis, the matter may become an employment dispute.
When Can Sick Leave Be Unpaid or Refused?
Sick leave may be unpaid during probation, after the paid portion of the statutory entitlement has been exhausted, or in circumstances where the law excludes payment. Whether an employer can refuse the absence itself is a separate question from whether the employee is entitled to salary.
Under Article 31, an eligible employee’s first 45 sick leave days fall within the full-pay and half-pay tiers. The remaining 45 days are unpaid.
The law also identifies circumstances involving employee misconduct or breaches of applicable safety instructions that may affect entitlement to paid sick leave, subject to the relevant legal conditions.
Employers should not treat every absence lacking immediate documentation as proof of misconduct. The employee’s medical evidence, reporting history, and applicable rules should be reviewed before making a decision.
Similarly, an employee who has exhausted paid sick leave should not assume that the entire statutory sick leave allowance has ended. The unpaid portion may still be available where the legal conditions are satisfied.
Can an Employer Terminate an Employee on Sick Leave in UAE?
UAE Labour Law restricts dismissal or the issuing of termination notice on grounds of sickness while an employee is on statutory sick leave. If the employee has exhausted the 90-day entitlement and remains unable to return to work, termination may be permitted under the applicable legal conditions.
The reason for termination, the timing of the decision, and the employee’s remaining entitlement are important.
An employer should not use an employee’s illness as a pretext to avoid statutory obligations. Equally, sick leave does not remove every lawful ground on which an employment relationship may otherwise end.
Can an Employee Be Fired Before Using All 90 Sick Leave Days?
An employee should not be dismissed merely because they are exercising a valid sick leave entitlement.
Where the employer relies on another ground for termination, the circumstances must be assessed separately. This includes whether the employer complied with the relevant statutory requirements and whether the stated reason is genuine.
Employees facing dismissal during or immediately after medical leave should preserve their medical certificates, attendance records, termination communications, and payroll documents.
Where the dismissal is disputed, obtaining employment termination legal advice can help clarify the employee’s rights and available remedies.
What Happens to End-of-Service Benefits?
An employee whose employment ends after the statutory sick leave entitlement has been exhausted may still qualify for end-of-service benefits under UAE Labour Law.
The amount depends on the applicable legal rules, length of qualifying service, wage basis, and circumstances of termination.
Sick leave should not automatically be treated as a reason to forfeit accrued employment entitlements.
For further guidance, see the rules governing termination benefits under UAE Labour Law.
Sick Leave During Notice Period in UAE
Sick leave and employment notice periods are governed by separate legal provisions, and their interaction depends on when notice is given and when the leave begins.
Article 35 of Federal Decree-Law No. 33 of 2021 addresses the notice period where an employment contract is terminated during an employee’s leave. In that situation, the notice period generally begins on the day following the employee’s scheduled return from leave, unless the parties agree otherwise.
This rule should not be confused with an employee becoming ill after an existing notice period has already started.
Employees who need sick leave during an ongoing notice period should still notify their employer and provide the required medical evidence. The effect on the termination date and final salary calculation should be considered in light of the circumstances and applicable law.
For a fuller explanation of employment termination timelines, see the notice period requirements under UAE Labour Law.
Sick Leave During Annual Leave in UAE
Becoming ill during annual leave does not automatically mean that the employee can convert the affected days into additional statutory sick leave. The outcome depends on the applicable legal provisions, employment arrangements, and the circumstances of the absence.
Annual leave and sick leave serve different purposes and are regulated under separate provisions of UAE Labour Law.
An employee who becomes ill during approved annual leave should notify the employer promptly, obtain appropriate medical documentation, and ask HR how the overlapping period will be recorded.
The employer should assess the request under the applicable law and any more favourable contractual or company policy. Employees should not assume that submitting a medical certificate automatically restores annual leave days already taken.
Where the parties disagree about leave classification or deductions, the relevant records and legal basis should be reviewed before payroll adjustments are made.
Sick Leave vs Work-Related Injury Leave
Ordinary sick leave and absence resulting from a work-related injury or occupational disease are not necessarily governed by the same payment and compensation rules.
Article 31 primarily addresses ordinary sick leave. Work-related injuries and occupational diseases are subject to separate provisions, including Article 37 of Federal Decree-Law No. 33 of 2021.
Where an illness or injury arises from work, the employer may have additional reporting, treatment, or compensation obligations under the applicable legislation.
Employees should accurately report the circumstances of the injury and retain medical evidence. Employers should determine whether the incident falls within the work-injury framework before treating the absence as ordinary sick leave.
What to Do If Your Employer Rejects Sick Leave or Deducts Salary
An employee who believes sick leave was wrongly rejected or salary was unlawfully deducted should first obtain a written explanation and preserve the relevant evidence. If the matter cannot be resolved internally, the employee may consider the appropriate labour complaint procedure.
Step 1: Request a Written Explanation
Ask HR or the employer to identify the reason for rejecting the leave or reducing the payment.
The response should clarify whether the dispute concerns eligibility, medical documentation, the number of leave days used, or the salary calculation.
Step 2: Review the Employment Records
Collect the documents needed to assess the dispute, including:
- Employment contract and relevant leave policy.
- Medical certificates and any attestation records.
- Emails or messages notifying the employer of the illness.
- Attendance records and recorded sick leave balances.
- Payslips and salary payment records.
- Any written refusal, warning, or termination notice.
The objective is to establish what leave was requested, what evidence was provided, and how the employer calculated the employee’s entitlement.
Step 3: Seek Clarification or Attempt Resolution
Where the disagreement results from an administrative error, incomplete document, or incorrect payroll calculation, provide the relevant evidence and request correction.
Keep communications professional and in writing. A clear record of the attempted resolution may be useful if the matter later becomes a formal dispute.
Step 4: Consider a MOHRE Labour Complaint
Employees covered by MOHRE’s jurisdiction may be able to submit a labour complaint where a sick leave dispute involves unpaid wages, unlawful deductions, dismissal, or another alleged breach of employment obligations.
The appropriate procedure depends on the employment relationship and the nature of the claim.
Our guide explains how to file a MOHRE labour complaint, including supporting documents, the complaint process, and possible next steps.
Step 5: Obtain Legal Advice When Necessary
Legal assistance may be appropriate where an employer disputes the validity of medical evidence, refuses statutory payments, issues termination notice during sick leave, or contests the employee’s final settlement.
If the matter cannot be resolved through the appropriate administrative process, advice on employment litigation services may help the parties understand the available legal procedures.
When Should Employees or Employers Seek Legal Advice?
Sick leave disputes often involve more than the number of days an employee was absent. They may raise questions about medical evidence, statutory pay, employer policies, termination decisions, or the correct treatment of leave during an employment notice period.
Employees may need legal advice when salary is withheld, valid medical leave is rejected, or termination appears connected to illness.
Employers may need assistance reviewing sick leave policies, applying statutory payment rules, responding to disputed certificates, or managing prolonged employee absence lawfully.
Al Ramsy Advocates assists employees and employers with UAE employment law matters, including leave entitlements, wage disputes, termination issues, and labour complaints.
For advice on a specific situation, consult our UAE labour and employment lawyers to discuss the relevant documents, legal requirements, and available options.
Frequently Asked Questions About Sick Leave in UAE
How Many Sick Leave Days Are Allowed in UAE Labour Law?
Eligible employees who have completed probation may take up to 90 days of sick leave per year. The first 15 days are paid in full, the next 30 days at half pay, and the remaining 45 days are unpaid, subject to Article 31 and its applicable conditions.
Is Sick Leave Fully Paid in the UAE?
No. The statutory entitlement provides full pay for the first 15 eligible sick leave days, half pay for the next 30 days, and no pay for the remaining 45 days. An employer may offer more favourable contractual benefits.
Is Sick Leave Paid During Probation in UAE?
There is no statutory entitlement to paid sick leave during probation under the federal private-sector Labour Law. An employer may grant unpaid leave supported by a medical report from an approved medical entity.
How Many Days Do I Have to Inform My Employer About Sick Leave?
Article 31 requires employees to notify their employer of their illness within a maximum of three days and submit a medical report. Employees should notify the employer as soon as reasonably possible rather than wait until the deadline.
Can I Take Sick Leave Without a Medical Certificate?
A medical report is required under Article 31. Employees should not assume that a verbal explanation, prescription, or consultation receipt will satisfy the statutory requirement. Any more favourable employer policy should be checked separately.
Can an Employer Reject Sick Leave in UAE?
An employer may raise legitimate questions about eligibility, supporting evidence, or compliance with applicable requirements. However, an employer should not arbitrarily deny a valid statutory entitlement. Disputes should be assessed using the medical evidence and relevant employment records.
Can I Be Terminated While on Sick Leave?
UAE Labour Law restricts dismissal or termination notice on grounds of sickness during statutory sick leave. Termination may become permissible where the 90-day entitlement has been exhausted and the employee remains unable to return, subject to applicable legal conditions.
Does Sick Leave Affect the Notice Period?
It can. Article 35 addresses notice given during an employee’s leave and generally postpones the start of the notice period until after the scheduled return, unless otherwise agreed. Illness arising during an already-running notice period requires separate consideration.
Is Sick Leave Counted Separately for Each Illness?
No. The statutory 90-day entitlement covers continuous or intermittent sick leave during the relevant year. Separate illnesses do not automatically create separate 90-day allowances.
Can I File a Complaint If My Employer Refuses to Pay Sick Leave?
Yes, where the dispute falls within the relevant authority’s jurisdiction. An employee may seek resolution through the applicable labour complaint procedure if statutory sick leave payments are withheld or another employment right is disputed.
Is a Medical Certificate Required for One Day of Sick Leave in UAE?
Article 31 does not establish a general exemption from medical reporting merely because the absence lasts one day. Employees should obtain appropriate medical documentation and check any applicable employer policy or sector-specific rules.
Can Unused Sick Leave Be Carried Forward or Paid Out in UAE?
The federal private-sector Labour Law does not establish a general entitlement to carry forward unused statutory sick leave or receive a cash payment for unused sick leave days. This differs from the rules governing accrued annual leave. More favourable contractual arrangements may apply.
